Agenda Item 1.2.2 Presented by: Dusty Johnston October 17-18, 2013
Approval of National Council of State Boards of Nursing Member Board Agreement.
Sum m ary: Each year, the TXBON, through Executive Director, executes the m em bership agreem ent with the NCSBN and pays an annual fee of $3000.00.
In 2012, NCSBN organized and charged a new Com m ittee to review the Mem ber Board Agreem ent, the docum ent that establishes the duties and responsibilities of each State Board and the Council, for all Boards of Nursing. The goal for the Mem ber Board Agreem ent Com m ittee was to review and m ake recom m endations for redrafted agreem ent that serves the needs of the m em bership and NCSBN. The Com m ittee com pleted its work in 2013 and presented its recom m endation to the NCSBN Delegate Assem bly, August 2013.
Attached for Board approval is the new Terms and Conditions of NCSBN Membership that was approved by NCSBN Delegate Assem bly at the annual m eeting in Providence, RI, August 2013. See Exhibit 1. The proposed agreem ent will change the title of docum ent Terms and Conditions of NCSBN Membership, stream line the agreem ent, provide for one-tim e execution, and elim inate the annual m em bership fee.
Background: The NCSBN Bylaws require a board of nursing (BON), as a condition of m em bership in NCSBN, to execute a m em bership agreem ent with NCSBN specifying the term s and conditions for the use of the NCLEX exam inations. There has been no system atic review of, or Delegate Assem bly approved changes in, the m em bership agreem ent for at least 10 years. Over the years, m any m em ber boards have requested specific am endm ents and provisions be incorporated into the agreem ent to com ply with state contract requirem ents. Som e m em ber boards cannot fully participate in NCSBN activities as som e states have that participation m ay be a violation of state laws.
The Mem ber Board Agreem ent Review Com m ittee was charged to review and m ake recom m endations for agreem ent revisions for consideration by the Board of Directors (BOD) and possible adoption by the Delegate Assem bly.
The goal of the com m ittee was to have a m em ber board agreem ent that serves the needs of the m em bership and NCSBN. The com m ittee recognized early that the agreem ent was a m em bership agreem ent, not a contract for the licensure exam ination. The NCSBN Bylaws specifically require a BON to use the NCLEX exam inations as a condition of m em bership in NCSBN. The com m ittee determ ined that the language of the current agreem ent served a specific purpose when NCSBN was initially form ed and the national nurse licensing exam ination was m oved from the National League for Nursing (NLN) to NCSBN. As NCSBN has grown and m atured over tim e, however, m uch of the procedures and processes outlined in the agreem ent have been operationalized and structured within the NCSBN Bylaws, the Pearson VUE contract, the NCLEX® Mem ber Board Manual and NCSBN policies.
The com m ittee revised the agreem ent, first changing the title to Term s and Conditions of NCSBN Mem bership, and stream lined the agreem ent by rem oving redundant language. T he com m ittee also recognized the need to am end the current NCSBN Bylaws and m ade suggestions to the current Bylaws Com m ittee for proposed language. Those suggestions have been supported by the Bylaws Com m ittee and incorporated in the proposed bylaw am endm ents.
Pros and Cons: The proposed agreem ent will stream line the agreem ent, provide for one-tim e execution, and elim inate the annual m em bership fee. The agreem ent does not otherwise alter the duties and responsibilities of the parties. No cons are noted at this tim e.
TERMS AND CONDITIONS OF NCSBN MEMBERSHIP
The Texas Board of Nursing (“Member Board” or “Board”) with principal offices at 333 Guadalupe, Suite 3-460 Austin, TX 78701 is a Member Board of the National Council of State Boards of Nursing (“NCSBN”) within the meaning of NCSBN’s Bylaws and is entitled to participate in the affairs of NCSBN as provided in the Bylaws and agrees to the following terms and conditions of membership (“Terms and Conditions”):
1. Compliance with Membership Requirements.
(a) As a condition of membership in NCSBN, Board shall comply with all NCSBN requirements necessary to maintain its status as a Member Board in good standing as set out in the NCSBN Bylaws.
2. Nurse Licensure Examinations
(a) NCSBN shall develop and administer examinations for the licensure of Registered Nurse (RN) and Practical/Vocational Nurse (PN) licensure (“Nurse Licensure Examination”) that are valid, reliable, legally defensible and in compliance with professionally accepted psychometric standards. NCSBN shall establish passing standards for the Nurse Licensure Examinations that appropriately and reliably evaluate licensure candidates’ competence for safe and effective entry level nursing practice and report to Member Board the examination results of candidates for licensure in its jurisdiction in accordance with the applicable provisions of the NCSBN Policy and Procedures Manual.
(b) NCSBN shall provide Member Board, at no cost to the Member Board and as a privilege of membership in NCSBN, the Nurse Licensure Examination(s) and related services for use in nurse licensure in its jurisdiction.
(c) In providing Member Board the Nurse Licensure Examination(s) for use in its nurse licensing, NCSBN shall comply with all applicable federal and state non-discrimination laws and shall provide accessibility to, and Member Board authorized reasonable accommodations in, the administration of the examination(s) in compliance with the Americans with Disabilities Act and applicable law of the Member Board jurisdiction.
(d) Member Board shall use the Nurse Licensure Examination(s) as the sole and exclusive licensure examination(s) for registered and/or practical/vocational nurses in Board’s jurisdiction in accordance with the terms and conditions set forth in the NCSBN Bylaws and applicable NCSBN policies and procedures. In the event Board is required by law to offer any other licensing examination in addition to said Nurse Licensure Examination(s), NCSBN shall exempt Member Board from this provision, subject to terms and conditions set by NCSBN.
(e) In using the Nurse Licensure Examination(s) for purpose of licensing in its jurisdiction, Member Board shall comply with all applicable terms and conditions for the use of the Nurse Licensure Examination(s) set out in the Bylaws, these Terms and Conditions and the NCSBN Policy and Procedures Manual.
(f) In using the Nurse Licensure Examination(s) for nurse licensure in its jurisdiction, Member Board shall be responsible for determining candidate eligibility to take the examination and the authorization for any accommodation in the administration of the examination and for complying with all applicable security and confidentiality requirements set out in the NCSBN policies and procedures.
3. NCSBN Use of Candidate Data. Member Board hereby authorizes NCSBN to use any and all candidate data collected for the purposes of (1) administering the nurse licensure
examinations, including, but not limited to, identifying candidates approved for the examination, determining their status as first-time, repeat and/or multiple application candidates, preparing the examination results related to the validity and psychometric integrity of the nurse licensure examinations and (2) developing and maintaining a comprehensive national data bank of information on nurse licensees for use by Member Boards of the NCSBN in evaluating applicants for endorsement, in monitoring disciplinary actions and in any other licensing-related actions authorized by applicable state and federal law. Candidate data collected hereunder shall not be disseminated to parties other than the Member Boards or used for other purposes without prior approval by the Member Board. Nothing in this paragraph shall limit or supercede any authorization or requirement for the disclosure and use of candidate data pursuant to, where applicable, a NURSYS® Participation Agreement, Data Access Authorization and Restriction Requirements Form, a NPDB Data Reporting Agent Agreement duly executed by Board and/or the Nurse Licensure Compact and rules and regulations.
4. Indemnification.
(a) NCSBN hereby agrees to indemnify and hold harmless Board from all claims, losses, deficiencies, liabilities, costs, damages, liens, fines, penalties, expenses, fees and interest which Board may sustain or incur, or with which Board may be threatened, which are (i) solely caused by, or solely arising out of the breach, default, or nonfulfillment of any covenant, warranty, or agreement made by, referred to in, or to be performed by NCSBN or any of its agents or subcontractors under these Terms and Conditions or (ii) solely caused by or arising out of the acts of, or failure to act by, NCSBN, its subcontractors or directors, officers, employees, agents of any of them and resulting in injury or death of persons or damage to
property; provided that NCSBN retains the right to defend any such action on behalf of Board. Board shall provide NCSBN immediate notice of any claims, suits or actions instituted against Board by reason of its use of the Nurse Licensure Examinations. NCSBN, in its sole discretion, may permit Board to conduct such defense; however, in the event that Board undertakes such defense on its own behalf without prior written approval by NCSBN, the indemnity described within this provision shall not attach.
Texas Board of Nursing
By:
Executive Director
